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HomeMy WebLinkAbout02304 - COHEN R/W 121 SPC Nathan W. Cohen - License Agr Trellis En `� f ��.,. ._., ... :'..... public ENTw#2304ry Across O0, 011Y 9z a AIS7I ;3o`R? sCa AGREEMR15826, 4-2-86 (�� �1) D„ .t..:3 -- ----- — - — c LICENSE AGREEMENT W¢ s `CID c Z THIS LICENSE, made and entered into this day of 1986 by and between the CITY OF PALM SPRINGS, hereinafter, called "Licensor" and Nathan W. Cohen, General Partner, on behalf of the Oasis Group, A California j Partnership, hereinafter called "Licensee". WITNESSETH: That licensor, for valuable consideration and the faithful performance by licensee of all the terms and covenants hereinafter set forth on its part to be performed, does hereby give to licensee the right to construct, main- tain, use and repair a walkway covering as shown on plans approved March 12, 1986, by the Palm Springs City Planning Commission, hereinafter referred to in whole or in part as "structure", at such location upon, across and over a portion of that certain real property owned by licensor, situated in the County of Riverside, State of California, described as follows: The property at the southwest corner of Tahquitz Way and South Palm Canyon Drive, known as 121 South Palm Canyon Drive and shown as parcel number 513-143-009 on the 1985-86 Riverside County Assessment Rolls. This license is given upon and subject to the following terms, covenants and conditions: 1. Licensee, his successors and assigns, and his and their respective agents and employees, shall have the right and duty to maintain said structure, and shall have free access to said structure and every part thereof, at all times, for purposes of exercising the rights herein granted. 2. Licensee 's rights hereunder shall be subject to all valid and existing easements, rights, leases, licenses, reservations and encumbrances whether of record or not affecting said property or any portion thereof. 3. Any structure placed pursuant to this license shall be constructed in a careful and workmanlike manner and to the satisfaction of licensor and in accordance with plans and specifications to be submitted to and approved by the City of Palm Springs Building Division before work is commenced. 4. In the event the structure placed hereunder on the public right-of-way at any time interferes with or restricts the reasonable use of the proper- ty by licensor, licensee shall within sixty (60) days after written notice from licensor so to do, remove, reconstruct, alter or make changes to said structure in a manner satisfactory to licensor. 5. The licensee agrees to hold harmless and defend the licensor from liability arising from any action of the licensee and from any liability arising from injuries or damage to person or property as a result of said structure's existence. During the entire term of this License Agreement, licensee agrees to procure and maintain liability insurance at its sole expense to protect against loss from liability imposed by law for damages on account of bodily injury, including death therefrom, suffered or alleged to be suffered by any person or persons whomsoever, resulting directly or indirectly from any act or activities of the licensor or licensee, its sublicensees or any person acting for the licensor, or licensee or under its control or direction, and also to protect against loss from liability imposed by law for damages to any property of any person caused directly or indirectly by or from acts of activities of the licensor, licensee, or its sublicensees, or any person acting for the City or licensee, or under its control or direction. Such public liability and property damage insurance shall also provide for and protect the licensor against incurring any legal cost in defending claims for alleged loss. Such public liability and property damage insurance shall be maintained in full force and effect throughout the term of the License Agreement and any extension thereof in the following minimum limits: Bodily Injury $500,000 each person to $1,000,000 each occurrence �+ $1 ,000,000 aggregate products and completed operations V� Property Damage $500,000 each occurrence $500,000 aggregate A combined single limit policy with aggregate limits in the amount of $1,000,000 will be considered equivalent to the required minimum limits. All of such insurance shall be primary insurance and shall name the City of Palm Springs as an additional insured. If the operation under this License Agreement results in an increased or decreased risk in the opinion of the City Manager, then licensee agrees that the minimum limits hereinabove designated shall be changed accordingly upon request by the City Manager; provided, however, that the licensee may appeal to the City• Council within ten (10) days after any increase is requested and such requirement for increased coverage shall be subject to determination by the City Council . Licensee agrees that provisions of this paragraph as to maintenance of insurance shall not be construed as limiting in any way the extent . to which the licensee may be held responsible for the payment of damages to persons or property resulting from Licensee ' s activities, the activi- ties of its sub-licensees activities of any person or persons for which licensee is otherwise responsible. 6. Evidence of Insurance - A Certificate of Insurance, or an appropriate insurance binder, evidencing the above insurance coverage with a company acceptable to the City' s Risk Management Officer shall be submitted to the licensor prior to execution of this License Agreement on behalf of the licensor. 7. Notice to Licensor, Insurance Coverage Change - The terms of the insurance policy or policies issued to provide the above insurance coverage shall provide that said insurance may not be amended or cancelled by the carrier, for non-payment of premiums or otherwise, without thirty (30) days prior written notice of amendment or cancellation to the licensor. In the event the said insurance is cancelled, the licensee shall , prior to the cancellation date, submit to the City Clerk new evidence of insur- ance in the amounts heretofore established. 8. Except as provided in Paragraph 4, above, this license shall not be revoked so long as said structure pursuant hereto by licensee is maintained in a manner satisfactory to the licensor and is used for the purpose for which it was designed. However, should licensee cease to use and maintain said structure for said purpose, the licensor or licensee may, by giving written notice to such effect to the other in the manner as provided herein, cancel this license and licensee shall within sixty (60) days after receipt of said notice remove said structure at his sole expense and provide a suitable walkway or landscaping within said period of sixty (60) days. In addition, should licensee at any time fail to comply with any provision of this License Agreement, licensor may revoke this License Agreement and give written notice thereof, and licensee shall within said sixty (60) day period remove the structure and restore the premises as aforesaid. 9. The notices provided in this License Agreement given by either party hereto to the other shall be deemed to have been duly given when made in writing and deposited in the United States Mail , registered and postage prepaid, addressed as follows: -2- To Licensor: The City of Palm Springs P.O. Box 1786 Palm Springs, CA 92263 To Licensee: Nathan W. Cohen a, 121 S.-Palm Canyon -Drive- Palm Springs, CA 92252 Z Except as herein otherwise provided, the provisions of this -License Agreement shall inure to the benefit of and be binding upon the parties hereto, their successors or assigns. IN WITNESS WHEREOF, said licensor and said licensee have caused this instru- _. ment to be executed in duplicate by their respective officers of party thereunto duly authorized as the day and year herein first above written. ATTEST: CITY OF PALM SPRINGS, CALIFORNIA a -City Clerk City` Manager REVIEWED AND APPROVED: NATHAN JC`OHEN,y_,Liyon, 'ee General Yartner, on behalf of the Oasis' Group , A California Partnership APFROVFD uY TI IE CITY COUNCIL r n STATE OF CALIFORNIA) BY RES. NO. ✓ 1 � � �— � �C )ss. COUNTY OF RIVERSIDE) On �.`_ T 1986, before me, the undersigned Notary Public in and for the said State, personally appeared Norman R. King, known to me to be the City Manager and Judith Sumich, known to me to be the City Clerk of the CITY OF PALM SPRINGS, the Corporation that executed the within instrument, known to me to be the persons who executed the within Instrument on behalf of the Corporation herein named, and acknowledged to me that such Corporation executed the within Instrument pursuant to its by-laws, or a resolution, or ordinance. WITNESS my hand and official seal . _ )--_--_ ANN'E E WICKLIN NG7ARY PUBLIC - CALIFGRNIA (�.�' ' RIVERSIDE CDUNTY Notary' s Signature \ > ' My comm. expires MAY 22, 1989 t -3- State of _ (jLf i_©��� _ On this the {�_day of [��CL�____—� 19_�� before me, SS. F� County of A4 4clo w_<_p���FGCS the undersigned Notary Public, personally appeared �� �p> , _ J -OFFi,inr„li. t" personally known tome I�,�'� °r N^� I I proved tome on the basis,of satisfactory evidence V u-wvzr pus�i cr.r r Ni=� to be the personls)whose camels) __JS _subscn6ed to the ya p113D cn'!"t:�t within instrument,and acknowledged that Ie _executed it. 4 W�IT�N�ESS my hand find official seal. Notary's Signatu e GENERAL ACKNOWLEDGMENT FORM V RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING LICENSE AGREEMENT WITH NATHAN W. COHEN TO ERECT A STRUCTURE OVER CITY OWNED PROPERTY. BE IT RESOLVED by the City Council of the City of Palm Springs as follows: SECTION 1. A License Agreement with Nathan W. Cohen to erect a structure over public right-of-way is hereby approved. SECTION 2. Said structure, for use as a covered entry way, shall conform to the design as approved by the Planning Commission. ADOPTED this _ _ day of _ 1986 AYES: NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk Chairman REVIEWED AND APPROVED �l� � ISSUE .TE(MM/DD/Y`) — - -- - 3/26156 rRooucER ---- - - - THISCENCIVK;R7C:IISK35UED u'uT: I OF .GCV:::Ii,ieOSI ON,"-V"TIC ;9P'3 G] CSN s.691'C179 T:9C 6Tr3Y9C�, 'uP[ C[ L I"'vi aoVV ITJ®FS 4JOa P"21EN1D, MAX BERM & ASSOCIATES, INC. r-eeev:r .I ,eulr. lt�a n E�1r rI �'-o� rsLc�_oa. INSURANCE (i'�;r,,"I"AP110ILK"', 11�V� IiTIIJ'1,-a17�at�r' ;a'rl?u•�L.'=��`li� P.O. SOX 0005 • VAN NUYS, CA 91409 (818) 704-1000 • (213) 872-0900 COMPANY ,N LETTER Fireman's Fund Insurance , Co�',.COMPA � INSUREDLEiTERAY RA'.-,+Fu..r��i��-,L,,D i _ I The Oasis Group, Nathan Cohen COMPANY -- i�Ui 1g86 & Financial Management, Inc. LETTER 15233 Ventura Boulevard #611 co"I Sherman Oaks, California 91403 "Ea ? I'ULD4MG7 DIVISION COMPANY LE(I ER CS iIIP Ir EI t (' I 6G F N7 7 0 ' -D RE r' EVI o rIE 1EO e r f l .m7I LIu .F ivl.OI .,6iu_„ - .',u -[I e, +uS..l. , '.To 1F96' ,CPf(1ve.,P.-- J Il ,�f.a..u:f9i •.real _ u-�u 'u¢3 ,I ,c1,, „G'. .- ,...9�". L= E00.0 1 , E9C. 0 :.h ;^ 7✓,'U_G"JYPI-90. :DI -I� f�.,,_�rl9l' 1'1-11" "III0e - r4A:`NT-P- E..._.. - COI FOUCV EFFTCTIIIE PULICY CITIRAI IN UL, P'UT'7 -ANTI TS iM TuJ"rU£r"sF:',:R TYPE OF INSUFANIFF POLICY IIIUMDER LTRI 04TC{pM((UU(YY) DAfE[M1tiJDMYVI { EACI I AGOF✓EGATC- _� __ I LCCLRRENCF BODILY X COMPREHENSIVE FORM MXX 80040119 9/l/84 9/1/87 NdURv A X PPEMISES/OPER4TIDfP6 U INDEHGROUND PROPERTY E;(PLOPION R COLLAPSE IDAMAGER I PRODUC(SICOIu1PLETED CPE ATION5 X sISPD 1,000 1,000 OONTHAGTUAL GOMDINED y X INDEPEI�IDEIVT CONTRACTORS �'I DROAD FORA PROPERTY DAwIAGE PERSONAL INJURY PERSONAL INJURY -�% TCF.L_JtlLS LIAL)MfgY DOTTY MY AU 10 I,PEQ P IPEA PFAS..tp lu �_ALL OWNER OWNED 0.trOS(PRIV PA.55) BODILY IA ALL OWNED AUTOS 'OTHER THAN, INJURY a pin ncLlowD E PRIV Prss ) � X HIRED AUTOS MXX 80040119 9/1/84 9/1/87 PROPERTY NON OWNED AUTOS DAMAGE �U GARAGE LIABILITY DI&PD COMBINED IF •0�0 CfiCEE LI:JALW.' UMBRELLA FORM RI&,PD ry P COM5IPIED (� — �'M - UTNFR TIdAN UiV�BFELLA FORM STATUTORY f Udfi94;i53F1,9'C�L'E7!^f3C 1;;IATt4JiH (EACH ACCIDENT EBJ?LO;'ERS' I.W3ILITY Is (DISEASE POLICYLIMIT) DISEASE EACHEMPLOYEE)I f3lT LO47 —� DESCRIP LION OF OPERATIONS/LCCAfIOIVS/VEHICLES/SPECIAL FfFF/is Location: 121 South Palm Canyon Drive, Palm Sprlllgs, I CA. Certificate Holder is included as an Additional Insured. The City of Palm Springs d }I _¢ E RIF Er rt D r R-I r)DEFOI-L, I I el 9 7 f G T r P.O. BOX 1786 C U 30 ITN NF9CJ ' FO Tr"[ P LErjL IFI'� rC, ri' Palm CA. 92263 Springs, ev 'Nul�' _ T,,I-. IP 4U ri MP)T,P r P - f4 3A 1�KiCCI r:%1 17j, l IL T- I Lo�.�e�.�..,rF✓�s , 'ALJ-1 HORI-P']RE PRESENTATIVE � 1